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Home My WebLink AboutOrd 04-05 HistoricalOverlayZone ORDINANCE NO.4 - 05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ....***** ADOPTING A NEW CHAPTER 8.62 OF THE DUBLIN MUNICIPAL CODE TO CREATE PROVJSIONS FOR HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVJEW, AMENDING CHAPTER 8.104 OF THE DUBLIN MUNICIPAL CODE RELATING TO SITE DEVELOPMENT REVII!:W, AND AMENDING THE ZONING MAP TO CREA l' I!: A NEW HISTORIC OVERLAY ZONING DISTRICT The City Council of the City of Dublin does hereby ordain as follows: Section L Findings: The City of Dublin finds that: A, The area generally surrounding the present intersection of Donlon Way and Dublin Boulevard is the crossroads of two stagecoach routes and the location of the community of Dublin's founding, B, In 1993, the City of Dublin acknowledged the area's historical nature by acquiring several historical structures and properties in the original Dublin Village settlement area -the Old St. Raymond's Church, the Old Murray School House, and the Dublin Pioneer Cemetery-and establishing the Dublin Heritage Center. C, The original Dublin Village settlement area contains several important historic architectural and natural resources, mostly dating from the mid-nineteenth century and the early twentieth century, including buildings in the Dublin Heritage Center as well as other buildings including the Green Store, Ponderosa House, Bonde House, and Alamilla Springs. D, In March of200], the City Council, as part of its annual Goals and Objectives program, made a high staff priority the development of plans for a historical district designation in the Historic Area, specifically including the Alamilla Springs and the Green Store. E. On January IS, 2004, the City's Architectural Consultants, Page and Turnbull, completed a historical inventory for the area which recommended the protection of the Dublin Heritage Historical District Area. F, City Staff worked with RBF Consulting, and in consultation with the City's Heritage and Cultural Arts Commission, to develop design guidelines intended to ensure that future development in the area is compatible with the existing historic resources. G. The creation of the Historic Overlay Zoning District will serve as an appropriate mechanism to ensure that new development in the historic area is designed and built in compliance with the Dublin Village Design Guidelines. 1 ·Section 2. Compliance with California Em1ironmental Quality Act ("CJ<.:QA 'J: The City Council declares this ordinance is exempt ftom CEQA per CEQA Guidelines SectionlS06I(b )(3). Section ]S06](b)(3) states that CEQA applies only to those projects that have the potemial to cause a significant effect on the environment. This adoption of this ordinance is exempt fi'om CEQA because the ordinance does not, in itself, allow the construction of any building or structure, but it sets forth the design guidelines that shall be followed if and when a building or structure is proposed to be constructed or a site is proposed to be developed under existing entitlements, This ordinance, therefore, has no potential for resulting in significant physical change in the environment, directly or ultimately, Section 3. Creation of Chapter 8.62: Chapter 8.62 entitled "Historic Overlay Zoning District Site Development Review," is added to the Dublin Municipal Code and shall read as set forth below: CHAPTER 8.62 HISTORIC OVERLAY ZONING DISTRICT SITE DEVELOPMENT REVIEW 8.62.010 8.62.020 8.62.030 8.62.040 Purpose. The purpose of this Chapter is to establish a procedure to ensure that all development in the Historic Overlay Zoning District is reviewed for substantial compliance with the Dublin Village Historic Area Design Guidelines. Iutent. The intent of this chapter is to: A. Preserve and enhance the remaining historic resources within the Dublin Village Historic Area; B. Guide the design of future development to reinforce the unique historic qualities and design elements that once defined Dublin Village; and C. Improve the public realm to create a positive pedestrian experience, enhance the area's image as a historic district, and create a unique sense of place. Applicability. The Historic Overlay Zoning District is a designation in addition to the standard Zoning District that each property in the Historic District retains (C-O, C-l, PD, R-M, etc,), The standard Zoning District contains all information regarding permitted and conditionally permitted uses, development standards, and regulations, while the Historic Overlay provides a mechanism to review development on any of the properties in the District for substantial compliance with the Dublin Village Historic Area Design Guidelines, Projects subject to compliance with this Chapter: A. New Construction. Any new construction or additions to an existing structure within the Historic Overlay Zoning District that alters the exterior appearance of the building, Internal tenant improvemems are not subject to compliance with this Chapter, B. Exterior Modification of an Existing Structure, Any exterior modification of an existing structure located within the Historic Overlay Zoning District, including but not limited to, facade renovation, new and/or additional windows and doors (with rrames), and roof or ground-mounted mechanical equipment. Re-roofing or repainting an existing building that is not undergoing any other modifications with like materials and/or colors is not subject to compliance with this Chapter C. Signage, Installation of new signage or replacement of sign copy in the Historic Overlay Zoning District. D. Modification To Site Layout. Any modification to site layout or site improvements in the Historic Overlay Zoning District, including but not limited to, parking, fencing, circulation, landscaping, accessory structures, or trash enclosures. 2 8.62.050 8.62.060 8.62.070 8.62.080 8.62.090 8.62.100 Application. The Applicant shall submit a complete Site Development Review application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee and such materials as are required by the Director of Community Development. Notice or .Decision. A Notice of Decision shall be given consistent with Chapter 8.132, Notice and Hearings. No public hearing is required for Historic Overlay Zoning District Site Development Review unless the application is being considered concurrently with another permit requiring a public hearing, Concurrent Consideration. When Historic Overlay Zoning District Site Development Review is required for a project that is also subject to a Conditional Use Permit and/or Variance, it shall be approved, conditionally approved, or denied by the same decision- maker or body for those actions. Required Findings. The following findings shall all be made in order to approve an application for Historic Overlay Zoning District Site Development Review: A. Approval of the application is consistent with the purpose and intent of this Chapter. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the standard Zoning District (C-O, C-l, PD, R-M, etc.) in which it is located, and with all other requirements of the Zoning Ordinance, C. The approval wîl1 not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare. D. The design of the project will provide a desirable environment for the development and an attractive environment for the public. E. The project is in substantial compliance with the applicable chapters of the Dublin Vîl1age Historic Area Design Guidelines, Action. The decision maker for Historic Overlay Zoning District Site Development Review applications shall be the Director of Community Development (or his/her designee), except as provided in Section 8.62.070, Concurrent Consideration. The Director of Community Development may, based on evidence in the public record, and on the findings above, make an administrative decision to approve, conditionally approve, or deny a Historic Overlay Zoning District Site Development Review application. Amendment. The process for amending a Historic Overlay Zoning District Site Development Review approval shall be the same as the process for approving a Historic Overlay Zoning District Site Development Review application. The decision-maker for the Historic Overlay Zoning District Site Development Review amendmem shall be the same decision-maker that ultimately approved the Historic Overlay Zoning District Site Development Review including approval on appeal. The Community Development Director or hislher designee may grant a Historic Overlay Zoning District Site J 8.62.110 8.62.120 8.62.130 Development Review Waiver for applications approved by another decision-maker or body upon the determination that the modification is a minor project and in accordance with Section 8.62.110, Waiver to an approved Historic Overlay Zoning District Site Development Review. Waiver to an approved Historic Overlay Zoniug District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. The proposed change is in substantial conformance with the approved Historic Overlay Zoning District Site Development Review; B. The proposed change is minor in scope; C. The proposed change is Categorically Exempt ftom the California Environmental Quality Act; and D. The proposed change is consistent with the conditions of approval for the Historic Overlay Zoning District Site Development Review and is substantially consistent with the Dublin Village Historic Area Design Guidelines. It is not the intent ofthis Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Historic Overlay Zoning District Site Development Review. Waiver for a project that does not have an approved Historic Overlay Zoning District Site Development Review. The Community Development Director or his/her designee may allow a minor change to an existing site or building in the Historic Overlay Zoning District that does not have an approved Historic Overlay Zoning District Site Development Review as a Waiver upon determining the following: A. The proposed change is minor in scope; B. The proposed change is Categorically Exempt from the California Environmental Quality Act; and C. The proposed change is substantially consistent with the Dublin Village Historic Area Design Guidelines. It is not the intent of this Chapter that a series of Historic Overlay Zoning District Site Development Review Waivers be used to circumvent the need for full and complete Historic Overlay Zoning District Site Development Review, Dublin Village Historic Area Design Guidelines. The Dublin Village Historic Area Design Guidelines adopted by the City Council on January 18, 2005 through Resolution No, 7-05, and as may be amended thereafter, shall be used to guide the review of Historic Overlay Zoning District Site Development Review applications. 4 8.62.140 Building Permits. Building Permits shall not be issued except in accordance with the terms and conditions of the Historic Overlay Zoning District Site Development Review approval. 8.62.150 Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maimenance or repair of any existing exterior architectural feature on any property in the Historic Overlay Zoning District that does not involve a change in design, material, or exterior appearance. 8.62.160 Procedures. The procedures set forth in Chapter 8.96, Permit Procedures, shall apply except as otherwise provided in this Chapter. Section 4. Amendment q{Chapler 8.104: Chapter 8.104 of the Dublin Municipal Code, entitled "Site Development Review," shall be amended to add a new section as set forth below: 8.104.030.H: Historic Overlay Zoning District Site Development Review. Any development in the Historic Overlay Zoning District (as indicated on the Zoning Map) shall be reviewed in accordance with and subject to Chapter 8.62, Historic Overlay Zoning District Site Development Review, in addition to this Chapter. Section S. Zoning Map Amendment. Pursuant to Title 8 of the Dublin Municipal Code, the City of Dublin Zoning Map is amended to add an overlay zoning district (hereinafter referred to as the "Historic Overlay Zoning District" to the following properties: Assessor Parcel Numbers 941-1S60~009-0 I, 941-1S60~007-0I, 941-0] 13-003-01, 941 ~0I13-IS4, 941-0040-006-16,941-1550-004, 941-]550-005-02, 941-1550-003-02, 941-1550-001-]2, 941- 1550-001-02, 941-1560-00] -0 I, 941-1560-002-02, 941-0040-006-10, 941-1560-003-04, 941- ]560-001-02,941-1560-006, 941-1560-005, 941-1560-003-03, 941-1550-002-02, and 94]-]550- 00]-10. The Historic Overlay Zoning District is a designation in addition to the standard Zoning District that each property in the Historic District retains. A map of the area is shown on the following page: 5 .....,. \ .~ " \ t;v..~ 0: \~ , 1"\.16 '1.ø- ii.~ 1~l~ . .... ~..ø t. ~ ~ .¡o"!' , Section 6, Severability: In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect, Section 7: Effective Date and Posting of Ordinance: This ordinance shall take effect and be in force thirty (30) days fi'om and after the date of its passage, The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California, PASSED AND ADOPTED BY the City Council of the City of Dublin, on this I" day of February 2005, by the following votes: A YES: Councilmembers Hildenbrand, McCormick, Oravetz, Zika and Mayor Lock hart NOES: None ABSENT: None ABSTAIN: None ATTEST: cf- ~~~/lci:J>l MAYOR K'/G/2-1-05/ord-hislOric overlay (1Iem 6. J) 6